Global Week in Review 5 Sept 2012 from IP Think Tank

Here is Think IP Strategy’s weekly selection of top intellectual property news breaking in the blogosphere and internet.


Highlights this week included:

Joint infringement: CAFC changes the law of inducement: Akamai v Limelight and McKesson v Epic Systems (Patently-O) (PharmaPatents) (Beeser) (PatLit) (Inventive Step) (PatentMath) (Patent Docs) (IP Spotlight)

Rojadirecta: Government reverses course and returns domains without explanation. Again. (EFF) (TorrentFreak) (Ars Technica)


Please join the discussion by adding your comments on any of these stories, and please do let us know if you think we’ve missed something important, or if there is a source you think should be monitored.



Global – General

Securitisation of IP (Part A – Spicy IP) (Part B – Spicy IP)

A momentary lapse of attention (IP Think Tank)

Frugal innovation: Perfect environment for intangible asset growth! (Business IP and Intangible Asset Blog)

Crowdfunding: public funding of innovations and artistic expression (PHOSITA)


Global – Trade Marks / Brands

Apple v. Samsung: Don’t take your eyes off the brand and user app ball (IP finance)

Domain name disputes on the rise, figures show (Out-Law)


Global – Patents

WIPO Re:Search project strikes first agreements (IP Watch)

Where on Earth could Samsung get the iPhone 5 banned over 4G/LTE patents? (FOSS Patents)


Global – Copyright

Apple now provides online tool to report App Store ripoffs (Ars Technica)

ISP’s copyright obligations under treaty could infringe individuals’ rights, claim EFF and others (Out-Law)

Defending non-commercial licences (TechnoLlama)

DMX: call for action over unauthorised music licences (The 1709 Blog)



Australia reforms its Patents Act 1990 (Patent Docs)

Should compulsory licensing provisions be abolished? (Patentology)

FCA: No damage for infringing copyright in questionnaire: Insight SRC IP Holdings v Australian Council for Educational Research (



Pirate Bay founder will be deported at request of Swedish government, Cambodian authorities confirm (TorrentFreak) (Ars Technica)



Avoiding poison Apples and tending to Blackberries: Did Canada’s 1989 shift to first-to-file nip small-time innovation in the bud? (IP Osgoode)

Supreme Court of Canada agrees to hear Ontario private label drug appeal: Katz Group v. Minister of Health and Long Term Care and Shoppers Drug Mart v. Minister of Health and Long Term Care (Beeser)



Traveling the IP road: What are the top China IP destinations and curiosities? (Part I) (China IPR)

Data on Chinese patent applications and grants suggests growing gap between political rhetoric and current realities (KEI)

New copyright registration system in China (The 1709 Blog)



Telekable and filtering: will the CJEU clear things up?: C-314/12 UPC Telekable Wein (IPKat) (The 1709 Blog)

FS CTM bad faith appeal heads for the CJEU: C-262/12 Majtczak v Feng Shen Technology (Class 46)

Solvay v. Honeywell and an alternative route to a central patent court in Europe (Patently-O)

Casualty of law: will SPC legislation be the next victim after Neurim? (The SPC Blog)

General Court upholds finding of likelihood of confusion for highly similar or identical services in battle between Blue Spot and Blue Pod figurative marks (Class 46)

General Court finds likelihood of confusion between ALIXIR and ELIXEER for identical or highly similar goods (Class 46)

It takes two to Bolar – European courts (Poland and Germany) have excluded third party manufacturers from scope of Bolar exemption (Kluwer Patent Blog)



Losartan: SPC’s paediatric extension and preliminary injunction (Kluwer Patent Blog)



Law firm gets sued over threats to name and shame alleged downloaders (The 1709 Blog)



High cost of filing a patent on a gene sequence (Spicy IP)

Analysing the Delhi University vs publishers photocopying case (Spicy IP)



Patent linkage in Indonesia (IP Komodo)



Japan court: Samsung did not infringe Apple’s media sync patent (Ars Technica) (FOSS Patents)



District Court of The Hague: Amended infringement claim allowed; patent infringement found: Primus v Roche (EPLAW)

Dutch Pirate Party ready to enter national parliament (TorrentFreak)


New Zealand

NZ government backtracks – to Europe – on software patents (Patentology)



The Red Bull case continues (to embarrass the Philippines legal system) (IP Komodo)



Protection of geographical indications in Russia: Is Russian vodka a protected GI? (IP Watch)


United Kingdom

The Big Online Rip-Off: can authors and copyright owners fight back? (The 1709 Blog)

On her Majesty’s secret service: UK extends meaning of IP in phone hacking case to remove self-incrimination privilege: Phillips v Mulcaire (IP Osgoode)

CREATe to examine IP business models (IP finance)


United States

US General

FDA approves Teva’s tbo-filgrastim for severe neutropenia (Beeser)

US film industry praises Republicans on IP and internet freedom (IP Watch)

US film industry (also) likes Democrats’ platform on IP and internet freedom (IP Watch) (Ars Technica)

The coming 505(q) citizen petition cliff and some interesting petition strategies (FDA Law Blog)


US Patents

Announcing Text2PTO: Online filing of your patent applications as text documents (Director’s Forum)

Is Congress getting ready to take on patent trolls? (EFF)

Dissenting opinions at the Federal Circuit (Patently-O)

First to file practice: mandatory derivation proceedings? (PharmaPatents)

Patent settlement agreement challenges – K-dur, Effexor XR, Nexium, Cipro  (FDA Law Blog)

Eight points to know about September 16, 2012: post-grant transitions and deadlines (Patently-O)

USPTO warns on late inter partes patent reexamination filings (Patents Post-Grant)

USPTO releases new proposed fees (Patently-O)

USPTO patent grants: Another record year (3rd in a row) (Patently-O)

Patentability of isolated DNA: A myriad of analogies – AMP et al v USPTO and Myriad  (IPKat)

Beware the US jury: two $1 billion dollar patent damage awards in August: Apple v Samsung; Monsanto v DuPont and Pioneer (PatLit)

Apple v. Samsung: An expert but pro-patent jury? (Patently-O)

The biggest issue with the Apple-Samsung jury verdict: are all those patents really valid as granted? (FOSS Patents)


US Patents – Decisions

Joint infringement: CAFC changes the law of inducement: Akamai v Limelight and McKesson v Epic Systems (Patently-O) (PharmaPatents) (Beeser) (PatLit) (Inventive Step) (PatentMath) (Patent Docs) (IP Spotlight)

CAFC: Apple escapes liability for its cover-flow and spotlight OS features: More in inducement: Mirror Worlds v Apple (Patently-O)

CAFC: Woodrow Woods v. DeAngelo: Make a meaningful supplementation of your contention rog responses (Patently-O)

ND California: Apple v. Samsung and awards of defendant’s profits: the potential for overcompensatory damages in design patent infringement cases (Intellectual IP)

WD Wisconsin: Conclusory allegations insufficient to plead invalidity counterclaim: Wisconsin Technology Venture Group v FatWallet (Docket Report)

ITC: District Court grant of ongoing royalty precludes finding section 337 violation: Video Displays and Products Using and Containing Same 337-TA-828  (Docket Report)

ITC: “Abbreviated” description of spectral region did not create discontinuity sufficient to render patent indefinite: Light-emitting diodes and products containing same 337-TA-784 (Docket Report)

ITC: Initial determination of no section 337 violation by Nintendo in Certain Video Game Systems (337-TA-770) brought by Creative Kingdoms (ITC 337 Law Blog)

ITC affirms ALJ Essex’s decision to stay investigation in Certain Integrated Circuits (337-TA-822) brought by Freescale Semiconductor against MediaTek and others (ITC 337 Law Blog)


US Patents – Lawsuits and strategic steps

AbbVie – AbbVie files patent infringement complaint against Amneal Pharmaceutical in response to Para IV challenge relating to Niaspan (Niacin XR) (Patent Docs)

Apple – Samsung’s designarounds may complicate the ITC investigation of Apple’s complaint (FOSS Patents)

Apple – Apple won’t demand billion-dollar payment or bond from Samsung for at least a few months (FOSS Patents)

Apple – Apple adds Galaxy S III, Note and Note 10.1 to Samsung lawsuit, insists on billion-dollar bond  (FOSS Patents) (Ars Technica)

Apple – Apple and Samsung have to decide how to proceed with their 14 back-burner patents in California (FOSS Patents)

GlaxoSmithKline – GlaxoSmithKline files patent infringement suit against Apotex in response to Para IV challenge relating to Avodart (dutasteride) (Patent Docs)

HTC – After winning transfer to Delaware, HTC wants claims over six Apple patents stayed (FOSS Patents)

Janssen Products – Janssen files patent infringement suit against Lupin, Teva, Mylan over ANDA filing to manufacture generic Prezista (darunvir) (Patent Docs)

Leviton – Leviton files enforcement complaint in Certain Ground Fault Circuit Interrupter (337-TA-739) (ITC 337 Law Blog)

Madstad Engineering – Madstad and Mark Stadnyk sue USPTO alleging move to first-to-file regime violates Constitution (Inventive Step)

Mallinckrodt – Mallinckrodt files patent infringement suit against Apotex following Para IV challenge relating to Pennsaid (diclofenac) (Patent Docs)

Merck & Co – Merck & Co file patent infringement suit against Sun Pharmaceutical in response to Para IV filing concerning Ganirelix Acetate injection (Patent Docs)

Monsanto – Solicitor General recommends the Supreme Court deny cert in Bowman v. Monsanto Roundup Ready Seed patent litigation (Patent Docs)

Purdue Pharmaceutical Products – Purdue files patent infringement suits against Watson and Actavis in response to Para IV challenge concerning Intermezzo (sublingual zolpidem) (Patent Docs)

Samsung – ITC terminates investigation as Samsung and Osram settle global LED patent war (Green Patent Blog)


US Copyright

Why Johnny can’t stream: How video copyright went insane – Deploying 10,000 tiny antennas makes no technical sense, but the law demands it (Ars Technica)


US Copyright – Lawsuits and strategic steps

IMAGiNE – IMAGiNE BitTorrent piracy group members all plead guilty (TorrentFreak)

Paramount Pictures – The Godfather: Can you copyright a film character? (The 1709 Blog)


US Trade Marks – Decisions

California Court of Appeals rejects criticism of Amazon’s actions over potential counterfeit sales: Tre Milano v (Out-Law)

4th Circuit Court of Appeals affirms in part, vacates in part and remands to ED Virginia in Rosetta Stone v Google (Maryland IP Law Blog)


US Trade Marks – Lawsuits and strategic steps

Rojadirecta – Rojadirecta: Government reverses course and returns domains without explanation. Again. (EFF) (TorrentFreak) (Ars Technica)

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